What does it mean for your divorce in Garden Grove?

Garden Grove family law attorney, Robert Fischer understands that a divorce (dissolution of marriage) is one of the most difficult things a person can face.  With legal proceedings which are subject to state laws and the decisions of higher Courts and local Court rules- a divorce tends to be a highly emotional and extremely painful event.

In the state of California, a divorce is called dissolution of marriage.  In order to obtain a divorce in Garden Grove or anywhere in California, you must file a civil lawsuit called a Dissolution of Marriage proceeding.  The two parties involved in this dissolution of marriage are called the “Petitioner” and the “Respondent”.  The person who brings fort the dissolution of marriage is the petitioner and their spouse is called the respondent.

Unless a third party is later joined to your case, the only parties involved are the petitioner and the respondent.  Third parties will on a rarity be joined if the Court can be convinced that this person is necessary to the proceedings.

Once the case has been filed, either you or your spouse can request the Court to make temporary orders, which may include issues regarding custody and visitation, spousal (also called alimony) and child support, control of property, restraint on conduct and attorney fees.

Judgment for Dissolution of Marriage

 The relationship between a married couple in California is no different from that of a legally formed business.  Both have a fiduciary relationship. In a marriage, both parties must fully and completely disclose information in regards to: income, expenses, debts and assets. Certain transactions may be prohibited once a divorce action has taken place.  Some of these transactions are changing/dropping insurance coverages & beneficiaries the disposing of property and more.

A Judgment for Dissolution of Marriage is prepared once the matter is finalized.  This Judgment for Dissolution of Marriage outlines your final divorce decree and spells out the terms and conditions of your divorce.  The judgment can be based off a variety of complex conditions and the willingness to resolve the matter in a fair and equitable way by both parties.  When you have two willing parties reaching a settlement becomes less complex and the costs of your divorce will be affected accordingly.

“No fault” state

California is a “no fault” state. This means that either you or your spouse must only prove that “irreconcilable difference” have occurred. This is established by one of the spouses testifying to the fact that they no longer want to be married and nothing will change their mind.  This allows for any person to obtain a divorce in California that wants one, even over the objection of your spouse.

Determining where to file your case can be a very important consideration. To file a case in California, you must be a resident of California for at least six months. In addition, you must have lived in the county where you file your case for at least three months.

How long will it take for me to be divorced?

This is commonly asked questions by our clients. A lot of times, the decision to file a divorce is a final option. Prior to filing a divorce and making the decision to end a marriage, it is common for people to seek out help from counselors, churches, family or friends. 

The law of California does not allow you to be single until six months and one day after the Petition has been served.  It normally takes longer that this to finalize your divorce.

California also allows for two other types of judgments that will terminate your marriage.  You can seek either a “Judgment for Legal Separation” or a “Judgment of Nullity.”

California Legal Separation

There are other options to consider before getting a divorce in California. An experienced Garden Grove family lawyer can help you discover all of your options. A legal separation is similar to a divorce, except the “marital status” of you and your spouse does not end. In a legal separation, you can obtain orders regarding the children, property division, support and any other orders that are available in a divorce case, including the restoration of your previous name. The main difference between a separation and a divorce is that you and your spouse are still “married” persons. You and your spouse must agree in order to obtain this type of judgment.  If any of the parties involved want a divorce in lieu of a separation, the courts will grant a divorce.

Judgment of Nullity

A “Judgment of Nullity” serves to say that you were never married. Depending on the reasons you seek nullity, the marriage is considered void or voidable.  This is a process that is little bit more complicated than a divorce or legal separation.  The most common reason I have found for nullity is fraud.  There are may be other reasons you wish to peruse a nullity that you should consult with an experienced Garden Grove family law firm.

Unlike other civil judgments, under certain circumstances, you can go back to Court after your divorce is final and ask the Court to modify certain aspects of your judgment.  The most typical provisions of your judgment that may be modified have to do with custody, visitation and support issues.  To seek modifications, however, you generally must show that there has been a significant change in the circumstances since the time the judgment was filed with the Court.

How are judgments enforced?

Once your judgment has been granted under California law there are several ways to enforce it.  The means of enforcing are different per situation, so it is best to discuss this specifically with your family law attorney. These are just some main points that will help you understand the very basic issues involved in finalizing a divorce in California.  One divorce will never mirror another and presents itself with different and difficult challenges.  To find out more information of how divorcing in California can affect your situation, please feel free to contact our family law firm for a free consultation online or by calling 888-364-0451.